KEDUDUKAN HUKUM HOLDING BUMN MELALUI STRATEGIC HOLDING (Studi Kasus Pada PT SEMEN INDONESIA (PERSERO) Tbk)

This study aims to analyze the shape of the Holding Company in the Strategic Holding of PT Semen Indonesia (Persero) Tbk in terms of legal standing and implications of the State Owned Enterprises (SOEs) Holding Subsidiary Company either structures or policies. Type of research is a Norm...

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Bibliographic Details
Main Authors: , ADNAN FAUZI SIREGAR, , Veri Antoni, SH., M.Hum.
Format: Theses and Dissertations NonPeerReviewed
Published: [Yogyakarta] : Universitas Gadjah Mada 2014
Subjects:
ETD
Online Access:https://repository.ugm.ac.id/133877/
http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=74759
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Institution: Universitas Gadjah Mada
Description
Summary:This study aims to analyze the shape of the Holding Company in the Strategic Holding of PT Semen Indonesia (Persero) Tbk in terms of legal standing and implications of the State Owned Enterprises (SOEs) Holding Subsidiary Company either structures or policies. Type of research is a Normative juridical - Empirical. Research materials sourced from secondary data obtained from primary legal materials, and tertiary and secondary Primary data were obtained from a field study in the form of interviews and documents acquired companies. Data were analyzed using descriptive qualitative method. In this study results that the Holding Company of PT Semen Indonesia through Strategic Holding Form is a Investment Holding Company type and as by as Parent Company, means the Parent Company made investments in subsidiaries without operations. The form of an issue of Article 2 of Law Number 40 of 2007 on Limited Liability Company Expert Opinions in relation to Supreme Court Decision No. 496 K / Pdt.Sus / 2008, which has a stake in another company instead of the company's activities. The structural and policy implications are in the Articles of Association of PT Semen Indonesia allows the Board of Directors hold concurrent positions in subsidiaries are not similar, for this would be potentially a conflict of interest and collide with Article 9, Paragraph (2) of Government Regulation Number 12 Year 1998 on Limited and Article 21 Paragraph (1) Government Regulation No. 45 Year 2005 on the Establishment, Management, Monitoring and Dissolution of SOEs.